Item 5b - DC23046FUL - Proposed change of use to hot food takeaway Carson Rd Balloch
West Dunbartonshire Council · 14 June 2023
Back to Planning Committee — 14 June 2023 and its agenda
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WEST DUNBARTONSHIRE COUNCIL Report by Planning, Building Standards and Environmental Health Manager Planning Committee: 14th June 2023 _____________________________________________________________ DC23/046/FUL: Proposed change of use of existing vacant former gas boilerhouse to form hot food takeaway with new shopfront and erection of flue at former Boilerhouse, Carson Road, Balloch by Sava Estates 1. REASON FOR REPORT 1.1 The application has been subject of a substantial body of objection. Under the terms of the approved Scheme of Delegation, it therefore requires to be determined by the Planning Committee. 2. RECOMMENDATION 2.1 Refuse planning permission for the reasons set out in Section 9. 3. DEVELOPMENT DETAILS 3.1 The application relates to a vacant building situated on the western side of Carson Road in Balloch, which was formerly used as a boilerhouse with associated oil storage. The building has a floor area of approximately 79sqm and extends to a height similar to that of the adjacent two storey houses, with a sloping rood finished in weathered concrete tiles. The building is of masonry construction with the walls finished externally in grey roughcast. Access is via a set of double doors on the front elevation. The building sits on a wider site of approximately 102sqm, with a small fenced compound adjacent to the northern elevation and an area of hardstanding to the front. 3.2 The application site is located within an established residential area with two storey terraced housing surrounding the site in all directions. The residential properties on Carson Road are formed in a cul-de-sac layout, with no through road access. 3.3 It is proposed to change the use of the building to a hot food takeaway, with opening hours anticipated to be 10am -10pm seven days a week. To facilitate the change of use, it is further proposed to: • Install an aluminium shopfront with a double set of doors and two windows, to be fitted colour grey with concrete cill below. • Install a zinc-plated mild steel extraction flue to the rear elevation, terminating 1 metre above the highest point of the roof, approximately 9.9m above ground level. • Store refuse waste within a dedicated facility located within the premises. ITEM 5b
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4. CONSULTATIONS 4.1 West Dunbartonshire Council Roads Service advised that five off-street parking spaces would be required. It was noted that the proposal could not be supported if the parking requirement was not met. 4.2 West Dunbartonshire Council Environmental Health Service raised no objection subject to five conditions covering ventilation, noise, vibration, construction hours, delivery times, grease traps/interceptors and waste disposal. 5. REPRESENTATIONS 5.1 105 objections were received from local residents (some of whom have forwarded multiple submissions) together with a ward Councillor. The detail of each representation is available for public viewing in the electronic planning file for the application. The concerns raised in the objections can, however, be summarised as follows: Visual Impact • Adverse effects on the visual appearance of the local area. • Addition of shop frontage/sign, outside seating and lighting would be inappropriate for this residential location. Residential Amenity • The increase in traffic, along with fumes from the operation of the hot food takeaway, would result in air pollution and pose a health risk. • Increased noise generated from additional traffic, deliveries and customers would adversely impact local amenity. • Concerned that the proposal would lead to anti-social behaviour. • Contrary to Local Plan Policy H4 on Residential Amenity. Access and Parking • Increased traffic would pose a safety risk to local residents, particularly children. • Insufficient parking provision would adversely affect existing residential parking in the local area and could lead to disputes between residents and customers. • Concerned that increased traffic would make it more difficult for emergency vehicles to access the local area. • No through road. Other Issues • No requirement for a hot food takeaway in this location as there are already a sufficient number/over provision within walking distance of the site. • Other more suitable vacant units are available in the surrounding area. • Site has never been used for commercial use. • Would devalue house prices. • Site is too small to accommodate a hot food takeaway. • No social or economic benefit to residents.
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• Not economically viable. • Does not promote healthy lifestyles. • Close proximity to Balloch campus could have adverse effects on health, safety and well-being of pupils, who may use the premises for lunch or after school. • Potential fire safety issue as only one entrance/exit is proposed. • Could/would exacerbate existing drain blockages in the local area through grease or oils discharges. • No outside storage for waste oils/flammables. • Alteration of the building could pose a health risk as it is known to contain asbestos. The points and concerns raised are considered in Section 7 below 6 ASSESSMENT AGAINST THE DEVELOPMENT PLAN National Planning Framework 4 (NPF4) 6.1 The National Planning Framework 4 (NPF) 4 was adopted by the Scottish Ministers on 13th of February 2023 and now forms part of the Development Plan. 6.2 Policy 1 aims to tackle the climate and nature crises by requiring that significant weight be given to these issues when considering all development proposals. Policy 2 relates to the climate in the form of climate mitigation and adaptation, while Policy 3 seeks to protect biodiversity, reverse biodiversity loss, and deliver positive effects from development and strengthen nature networks. Overall, the proposal re-uses an existing structure as part of the development and, as such, the embodied energy of the structure remains. It is considered that the nature and small scale of development proposed would have a neutral effect in respect of Policies 1, 2 and 3. 6.3 Policy 9 aims to facilitate the reuse of brownfield, vacant and derelict land and empty buildings, with criterion (d) noting that proposals for the reuse of existing buildings will be supported, taking into account their suitability for conversion to other uses. While the proposal would re-use a vacant building which is supported by the Policy, in taking account of the suitability for conversion to a hot food takeaway use, it is considered that such a use is not a suitable within a well- established residential as it would adversely impact residential amenity, visual amenity and local character, which are discussed further in Section 7 below. As such, the proposal cannot be considered to be supported by the above Policy. 6.4 Policy 14 aims to promote and facilitate well designed development that makes successful places by taking a design-led approach and applying the place principle. Criterion (d) states that proposals which are detrimental to the amenity of the surrounding area or inconsistent with the six qualities of successful places will not be supported. With the application site being located in a well-established residential area with no other shops or similar uses in the immediate vicinity, it is considered that the introduction of a galvanised steel flue on the rear elevation and a shop front would be incongruous and thereby adversely impact local character and visual amenity. The proposal would also have significant adverse effects on residential amenity due to the noise, activity and general disturbance associated
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with this type of development. These issues are discussed in detail in Section 7 below. In light of the above, the proposal is not supported by this Policy. 6.5 Policy 23 aims to protect people and places from environmental harm, with criterion (e) advising that development proposals which are likely to raise unacceptable noise issues will not be supported. The proposal is considered unacceptable with reference to this policy because, as detailed in Section 7 below, the increased noise associated with a hot food takeaway, including that generated by additional traffic, vehicles revving and idling, car doors closing, in-car entertainment systems and patrons talking, would have significant adverse effects on residential amenity. 6.6 Policy 27 seeks to promote and facilitate development in our city and town centres. Criterion (b) notes that uses which will generate significant footfall, including commercial uses, will not be supported outwith city, town and local centres unless a town centre first assessment demonstrates that the proposal cannot be accommodated in a centre location or would have no significant adverse effect on the vitality and viability of centres in the area. The proposed hot food takeaway will have a gross floor area of around 79 square metres and whilst the new use will generate footfall, with the small scale of the proposed facility, this footfall will not be significant. Small scale facilities such as proposed will also likely serve a local catchment. Accordingly, it is not considered that a sequential approach to site selection is required in this instance. 6.7 Having assessed the proposal with reference to NPF4, it is not considered acceptable with reference to Policies 9, 14 and 23 West Dunbartonshire Adopted Local Plan 2010 6.8 Policy RET1 advises that new retail, commercial leisure, public service developments and other key town centre uses should adopt a sequential approach to site selection or change or use proposals, in the order of (1) Town Centre sites; (2) Edge of Town Centre sites; (3) Commercial Centre sites; (4) Out of centre sites. Policy 27 of NPF4 takes primacy in respect to the sequential approach to site selection and given this is a small scale proposal which will not generate significant footfall, a sequential approach to site selection is not required in this instance. 6.9 Policy H5 aims to safeguard and, where possible, enhance the character and amenity of existing residential areas identified on the Proposals map. The Policy notes that non-residential uses could be supported if they can be considered ancillary or complimentary to the residential area and would not result in a significant loss of amenity to surrounding properties, in terms of increased traffic, noise, vibration, smell, artificial light, litter hours of operation and general disturbance. The application site is located within an established residential area and has not previously been occupied for a commercial use. Further to the assessment in Section 7 below, it is considered that the proposed hot food takeaway would have significant adverse effects on residential amenity. In light of this, the proposal is not supported by Policy H5. 6.10 Policy GD1 seeks to ensure that all new development enhances the Plan area and environmental quality in general through an emphasis on high quality design. Proposals are required to meet a number of criteria, including the need to be
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appropriate to the local area in terms of land use and layout and design; be energy efficient and meet the roads, parking and access requirements of the Council. As set out in Section 7 below, the proposed use would have significant adverse effects on residential amenity, while the external alterations would be an incongruous addition which would impact character and visual amenity. The proposal also fails to provide the five off-street parking spaces which are specifically highlighted as being required in the consultation response from the Council’s Roads Service as being required for this type of development. The proposal is therefore not supported with reference to this policy. 6.11 Having assessed the proposal with reference to the adopted Local Plan, it is not considered acceptable with reference to Policies H5 and GD1. 7. ASSESSMENT AGAINST MATERIAL CONSIDERATIONS West Dunbartonshire Local Plan (LDP2) Proposed Plan 7.1 On 15 March 2023, the Planning Committee took a decision that the Council would not adopt Local Development Plan 2. The Proposed Local Development Plan 2 (LDP2), incorporating the recommended modifications of the Examination Report received on 22 April 2020, which were accepted by the Planning Committee of 19 August 2020, remains the Council’s most up to date spatial strategy and is therefore afforded significant weight in the assessment and determination of planning applications, subject to compatibility with NPF4. The Scottish Ministers’ Direction relating to the adoption of LDP2, dated 18 December 2020, is also a material consideration. 7.2 Policy SC1 requires the siting of retail, commercial and leisure investment, and other key Town Centres uses, to align with the sequential approach identified and the preferred locations for Town Centre Uses set out in Table 5. It is noted that Table 5 specifically directs hot food takeaways to non-core Town Centre Areas. Following the sequential approach, hot food takeaways should therefore be located first in Non-Core Town Centre Areas and then; Edge of Town Centre Commercial Centres; Edge of Town Centre sites and; Out of Town Centre sites which are accessible by public transport. However, Policy 27 of NPF4 takes primacy in respect to the sequential approach to site selection and given this is a small scale proposal which will not generate significant footfall, a sequential approach to site selection is not required in this instance. 7.3 Policy CP1 requires new development to take a design-led approach to creating sustainable places, which put the needs of people first and demonstrates the six qualities of successful places. As set out in the thematic sections below, the proposal would have significant adverse effects on residential amenity, visual amenity and local character. In light of this, the proposal does not align with six qualities of successful places and is therefore not considered acceptable with reference to this policy. 7.4 Policy H4 aims to protect, preserve and enhance the residential character and amenity of existing residential areas, including a presumption against the establishment of non-residential uses within, or in close proximity of residential areas which would potentially have detrimental effects on local amenity or which cause unacceptable disturbance to local residents. Further to the detailed
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assessment set out below, the location of a hot food takeaway in this residential area would have significant adverse effects on amenity. The proposal is therefore not supported by the above Policy. 7.5 Having assessed the proposal with reference to proposed Local Development Plan 2, it is not considered acceptable with reference to Policies CP1 and H4. Principle of Development 7.6 The proposed hot food takeaway will have a gross floor area of around 79 square metres and whilst the new use will generate footfall, with the small scale of the proposed facility, this footfall will not be significant. Small scale facilities such as proposed in this case will also likely serve a local catchment. Accordingly, it is not considered that a sequential approach to site selection is required in this instance. However, whilst there may be no policy reason which suggests the principle of a local facility to serve a local catchment would be unacceptable, a full assessment of all material considerations would be required to determine acceptability of this particular use at this location. Design, Appearance and Visual Amenity 7.7 The proposed shopfront comprising new grey aluminium framed windows and doors is not considered to have a significant visual impact in the context of the existing building. However, the proposed galvanised steel flue which is positioned above the highest part of the existing roof will be a very prominent addition. Such flues are more typically found within town or commercial centres where a variety of buildings and uses exist. In this case, the flue would be an isolated and prominent feature situated to the highest part of the building. The flue will also be above the roof height of surrounding residential properties, exacerbating its visual impact within the established streetscape. It is thus considered that the flue would represent an incongruous and unacceptably dominant addition to a well- established residential area, to the detriment of the character and appearance of the area. Roads, access and parking 7.8 In considering roads, access and parking, the assessment is principally guided by the consultation response from the Council’s Roads Service. With regard to parking, the response from the Roads Service noted that five off-street parking spaces would be required and that the proposal could not be supported if this requirement was not met. Whilst a small forecourt is included within the application site, the dimensions of this would not allow the creation of the required off-street parking. The proposal therefore does not meet the Council’s parking requirement. A significant number of objectors were concerned that the increased traffic generated by the proposal and the particular characteristics of Carson Road would pose a road safety risk, particularly to local children, and make it more difficult for emergency vehicles to gain access to the area. Whilst the consultation response from the Council’s Roads service did not raise any concerns specifically with respect to these issues, it is accepted that the proposed use would lead to an increase in traffic within the local area. The failure to provide any dedicated parking for the development in line with the requirements highlighted by the Roads Service would have the potential to lead to additional congestion within what is a heavily parked residential area.
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Residential Amenity 7.9 The cooking odours generated from hot food takeaways can be detrimental to residential amenity. As the application site is located with an established residential area with housing on all sides, including a house immediately to the south and rear gardens immediately to the west. Subject to the imposition of a variety of conditions to ensure the provision and implementation of a suitable ventilation and extraction system for cooking odours, the Council’s Environmental Health Service offer no objections to the proposal on the grounds of odour nuisance. Environmental Health also recommend conditions to control potential noise from any ventilation system and deliveries to the premises, and these matters alone could be addressed by condition if required. 7.10 Notwithstanding the consultation response from Environmental Health, wider concerns arise from a noise perspective in relation to the operation of such a use in close proximity to residential properties. The very nature of hot food takeaway uses often result in evening and night time activity, as in the case here with opening hours indicated to be until 10pm, 7 days a week. The existing area is residential in character and it is inevitable that the proposed use will bring additional pedestrian and vehicular movements into the area. Such a use at this location will result in a significantly increase in existing noise levels by way of additional traffic, vehicles revving and idling, car doors closing, in-car entertainment systems, and patrons talking. Due to the very close proximity of neighbouring residential properties and the lack of any dedicated parking which will result in on-street parking and associated activity occurring directly outside neighbouring properties. These effects would be amplified by the fact that hot food takeaways are often busiest in the evening and at night. 7.11 Overall, it is considered that the degree of additional noise, activity and disturbance the proposal would introduce, particularly late into the evening, would have significant adverse effects on residential amenity. Other Matters raised in representations 7.12 A variety of other issues have been raised in the objections received which have not already been assessed above. While it was highlighted that the increase in traffic, along with fumes from the operation of the hot food takeaway, would result in air pollution and pose a health risk, it is noted that the consultation response from the Environmental Health Service did not raise any such concerns. It would therefore be inappropriate to refuse permission on this basis. It was noted that there is no need/demand for the proposal in this location as there is sufficient provision within walking distance of the site, that the application site is too small for the proposed use and the proposal is not economically viable. These are commercial matters for the applicant, with the role of planning being to determine whether the proposed use and external alterations are appropriate in this residential location and what impact the proposal would have on town centre vitality and viability. 7.13 It was highlighted that the proposal could/would exacerbate existing drain blockages in the local area through grease or oils discharges and that no outside storage is provided for waste oils or flammables. These issues are addressed in the consultation response from the Environmental Health Service, which requested that, in the event that planning permission is granted, a condition be
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attached to ensure that waste oil, grease and fat from the premises do not cause damage to the public sewer in the interests of public health and amenity. 7.14 The objections highlight a view that the proposal would provide no social or economic benefits to local residents. While it is considered that the proposal would generate a very limited degree of economic activity in the area, it is certainly the case that the adverse social impacts detailed above, with respect to residential amenity, far outweigh any economic benefits. Concern is also raised that a hot food takeaway would not promote healthy lifestyles and could adversely affect the health and well-being of pupils at the nearby Balloch campus. Although the proposal is for a hot food takeaway, it is noted that no specific information has been provided on the type of food to be sold and it is not considered that this point can be a determining factor in this instance. While there is concern that the proposal would devalue house prices in the local area, house prices are not a material planning consideration and therefore do not form part of this assessment. 7.15 It is highlighted that the single entrance/exit and the suspected presence of asbestos pose fire safety and health risks. These are not planning matters. It is noted that concerns are raised with respect to littering and anti-social behaviour. These concerns must be treated as speculative in nature as no evidence has been provided to support the view that such effects would worse as a direct result of the proposal. Finally, while concern is raised regarding potential the impacts of signage and outdoor seating, it is noted that neither are proposed in the application. 8. CONCLUSION 8.1 The application site lies within a residential area and the proposed hot food takeaway has the potential to adversely impact on adjacent residents by way of activity and disturbance, including into the evening. The proposal fails to provide any dedicated parking and this would have the potential to lead to additional congestion within what is a heavily parked residential area. The proposed flue by virtue of its design and position on the building would also be unacceptably dominant to the detriment of the character and appearance of the area. The proposal is therefore not acceptable with reference to Policies 9, 14 and 23 of NPF4, Policies H5 and GD1 of the adopted West Dunbartonshire Local Plan, and Policies, CP1 and H4 of the proposed West Dunbartonshire Local Development Plan 2. 9. REASONS FOR REFUSAL 1. The proposed hot food takeaway would result in the introduction of a use that would be out of character with the surrounding area and would have a detrimental effect on residents living adjacent to the premises in terms of noise and activity, including into the eventing. It is therefore incompatible with adjacent residential properties and is contrary to Policies 9 and 23 of National Planning Framework 4 Policy H5 of the adopted West Dunbartonshire Local Plan and Policy H4 of proposed West Dunbartonshire Local Development Plan 2. 2. The visual impact from the design of the flue together with the proposed use do not respond to the locality and cannot be held to reflect the six qualities of
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successful places, with respect to character, visual amenity and residential amenity. The proposal is not supported by Policy 14 of National Planning Framework 4, Policy GD 1 of the adopted West Dunbartonshire Local Plan and Policy CP1 of the proposed West Dunbartonshire Local Development Plan 2. 3. The proposal fails to provide any dedicated parking and this would have the potential to lead to additional congestion within what is a heavily parked residential area to the detriment of road safety. The proposal is therefore not supported by Policy GD1 of the adopted West Dunbartonshire Local Plan. Pamela Clifford Planning, Building Standards and Environmental Health Manager Date: 14th June 2023 Person to Contact: Pamela Clifford, Planning & Building Standards Manager Email: Pamela.Clifford@west-dunbarton.gov.uk Appendix: Location Plan Background Papers: 1. Application form and plans 2. National Planning Framework 4 3. West Dunbartonshire Local Plan 2010 4. Proposed West Dunbartonshire Local Development Plan 2 2020, as amended 5. Consultation responses 6. Representations Wards affected: Ward 1 - Lomond